IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE O V A', MBJ/ ^0/H t V. I PRESENT THE HON’BLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 2984 OF 2021 Between: Pilli Yesuratnam, S/o. Michael, Aged about 54 years, Occ: Junior Lecturer in Commerce, Office of CBN (Canadian Baptist Mission) Junior College for Women, Kakinada, East Godavari District, and also R/o. H.No.10-7-24, Kopellavari Street, Ramarao pet, Gandhi Nagar, Kakinada, East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of School Education, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Board of Intermediate Education, State of Andhra Pradesh, Rep. By its Special Commissioner, Vijayawada, Krishna District. 3. The Regional Joint Director, Board of Intermediate Education, Arts College Campus, Rajahmundry, East Godavari District. 4. The District Vocational Education Officer, Arts College Campus, Rajahmundry, East Godavari District. 5. The CBN (Canadian Baptist Mission), Junior College for Women, Kakinada, East Godavari District, Rep. By its Correspondent. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue the Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set aside the Proceedings Rc.No Admn.l/ Spl/ Redeployment/2020-21 dated 16.11.2020 of the 2"^^ respondent with regard to serial No.4 which is pertaining to the petitioner, subsequently to th direct the respondents 2 to 5 to continue the petitioner in the 5 respondent college by paying the monthly salary with arrears. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Proceedings Rc.No: Admn.l/SpI/ Redeployment/2020-21 dated 16.11.2020 of the 2"*^ respondent with a direction to the Respondents to continue the petitioner in the 5 respondent college, pending disposal of the Writ Petition. th Counsel for the Petitioner: SRI K. RAMA KOTESWARA RAO Counsel for the Respondent Nos.1, 3 to 5 : GP FOR EDUCATION Counsel for the Respondent No.2 : SRI I. SURYANARAYANA The Court made the following: ORDER 7- APHC010046102021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2984/2021 Between: ...PETITIONER Pilli Yesuratnam AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. K RAMA KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR EDUCATION 2.INAPURAPU SURYANARAYANA 3.. The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “ to issue the Writ, Order or direction more particulariy one in the nature of Writ of Mandamus to set aside Rc.No.Admn.l/Spl/Redeployment/2020-21, dated 16.11.2020 of the 2"“ respondent with regard to serial No.4 which is Proceedings the t •v -. a 2 pertaining to the petitioner subsequentiy to direct the respondents 2 to 5 to continue the petitioner in the 5^ respondent coliege by paying the monthly salary with arrears....” th Brief facts of the case are that the petitioner joined as Junior Assistant in the 5^^ respondent college on 14.02.1990 on consolidated payment. At the time of joining into service of the petitioner, the 5''^ respondent college was not sanctioned the grant-in-aid. Thereafter, the 5^'^ respondent college was sanctioned Grant-in-Aid through G.O.Ms.No.96, Education, dated 2. 14.03.1991 by Government of Andhra Pradesh. In pursuance of the same, the 2^^ respondent issued Proceedings vide Rc.No.1096/JCS-1/92, dated 25.04.1992 recognized the petitioner post of Junior Assistant in Grant-in-Aid and issued proceedings vide Rc.No.Admn.IB.1/769/2008, dated 31.10.2011 admitted the post of Junior Lecturer in Commerce in Grant-in-Aid and also approved the appointment of petitioner as Junior Lecturer in the 5*^ th respondent college. In pursuance of proceedings dated 31.10.2011, the 5 respondent college appointed the petitioner as Junior Lecturer in Commerce through Letter No.1/2010-2011, dated 02.11.2011. Thereafter, the petitioner was appointed as In-charge Principal of the 5*^ respondent college vide proceedings Rc.No.3/2018-2019, dated 20.11.2018. While things stood thus, one K.Chandra Kumar, Secretary of the 5^^ respondent College society has got information under Right to Information Act from the office of District Registrar, East Godavari district, Kakinada through Letter No.G5/RTl/533/ 3 2018, dated 09.05.218, as per said information, the present committee of the respondent college was not recognized by the District Registrar, Department of Stamps and Registration, East Godavari district, Kakinada. In view of said dispute, the present correspondent of 5*^ respondent college has ( given wrong information to the 4**^ respondent that the post of petitioner with regard to Junior Lecturer of Commerce is surplus post in 5*^ respondent college. Basing on the same, the 4*^ respondent sent report to the 2 respondent stating that the post of Junior Lecturer in Commerce Department in 5'^ respondent college identified as surplus post and requested to re-adjust the said post as per G.O.Ms.No.890, Education (CE.II) Department, dated 02.08.1996. In pursuance of the same, the 2^^ respondent issued impugned proceedings vide Rc.No.Admn.l/Spl/Redeployment/2020-21, dated 16.11.2020, showing the petitioner name as Serial No.4 relieving the petitioner from the post of Junior Lecturer, apart from other persons in different colleges. Aggrieved by the same, the present writ petition has been filed. nd The respondents 1 to 3 filed counter affidavit denying the 3. allegations made in the writ petition and stated that, the respondent authorities identified surplus staff of Aided Junior Colleges and readjusted to work on duty basis in Government Junior Colleges in terms of G.O.Ms.No.890 Education (CE.II) Department, dated 16.11.2002 redeploying the petitioner along with three others. Except the petitioner, the other three persons were 4 7 joined in the Government Junior Colleges allotted to them. It is further stated that, pursuant to the impugned proceedings dated 16.11.2020, the 5*'^ respondent issued relieving orders dated 20.11.2020 to the petitioner, but the petitioner refused to acknowledge the same. Hence, the same was sent to his residence through a messenger by respondent on 23.11.2020 and as the petitioner refused to receive, the same was affixed to wall of petitioner’s residence and further a copy was sent to him by Speed Post on 24.11.2020. After knowledge of,the same, the petitioner failed to obey the orders of higher authorities and without joining the Government Junior College, Gopalapuram, the petitioner filed the present case with false allegations. Therefore, prays to dismiss the writ petition. The 5'^ respondent filed counter affidavit denying the allegations made in the writ petition and mainly contended that soon after the petitioner promoted as Junior Lecturer from Junior Assistant, the petitioner engaged a private retired lecturer to teach commerce subject in the class on his behalf, and he is not being in the college campus during the working hours. The 5 respondent received complaints from the students as well as from the Principal, and later he noticed the same and warned him. During the month of August 2019, though the petitioner is not a competent authority to sign over the regular staff salary and arrears bills, the petitioner signed and the same were already rejected. Even though the petitioner was not in-charge to the 4. th ^ T' 5 post of Principal has taken the administration into his hands without any rules or misleading the appointing and other higher authorities signed on pay bills of the College. Therefore, prays to dismiss the writ petition. Reply affidavit filed by the petitioner denying the allegations made in the counter affidavit of the 5*^ respondent and stated that the respondent authorities followed the report submitted by the concerned College Management with regard to surplus staff of Aided Junior College and hence, the respondents did not followed the G.O.Ms.No.890, Education (CE.II) Department, dated 02.08.1996. The management with an intention to harass the petitioner has sent the above said report. It is further stated that the 5*^ respondent college on the dates wherein stated that the petitioner refused to receive to relieving order, on that dates, the petitioner was attending physical class in the 5*^ respondent college, but the respondent managed the postal department to relieve the petitioner from the college. 5. Heard Mr.K.Rama Koteswara Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Education, for respondent Nos.1 to 4 as well as Mr.I.Suryanarayana, learned counsel for the respondent No.5. 6. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, prior to issuance of impugned 7. 6 proceedings dated 16.11.2020, the respondents 4 and 5 failed to pay the salary to the petitioner from the month of December, 2019 to May, 2020. After nd respondent, the respondents 4 and 5 had paid the interference of the 2 salary to the petitioner from June, 2020 onwards, but there is due from the month of December, 2019 to May, 2020 with regard to payment of salary to the petitioner. He further submits that, the respondents 2 to 5 did not served the impugned proceedings dated 16.11.2020, hence the petitioner submitted a representation to the 2"^ respondent on 29.1.2021 stating the said facts and also stated that the 5*^ respondent intentionally avoiding the petitioner to sign in the attendance register. Further, the petitioner enclosed the strength of the students in the group of CEC in Intermediate from the academic year 2015- 2016 to 2020-2021 pertaining to 1®* and 2"'‘ years. Further, the post of Junior lecturer in Commerce pertaining to 5‘^ respondent college is only one post i.e., petitioner’s post and if the petitioner is transferred from the 5*^ respondent college, the entire Group of CEC will be closed. He further submits that, after the impugned proceedings dated 16.11.2020, the respondents 4 and 5 have not been paying salary to the petitioner. Therefore, learned counsel requests this Court to pass appropriate orders. Per Contra, learned Assistant Government Pleader while 8. reiterating the contents made in the counter affidavit, submits that, during the period of IPE Examinations, 2019, the petitioner acted as Chief 7 Superintendent of Examinations and at that time, the petitioner failed to send one student by name A.Naga Lakshmi, 1®* Bi.P.C. for the examination during time of March 2019 or even in the Supplementary examinations in the Month of May. Due to petitioner’s irresponsibility, the above mentioned student lost two years of her career. Hence, the petitioner was removed from the position of In-charge principal. A detailed enquiry was conducted by Management Committee of 5*^ respondent college on the misappropriation amounts by the petitioner being the appointing authorities, and in the said enquiry, the allegations against the petitioner were found correct ^ind the petitioner submitted his apologies in writing that he will not repeat the same and the petitioner has break of service from 01.12.2019 to 31.05.2020. Therefore, learned Assistant Government Pleader prays to dismiss the writ petition. On the other hand, learned counsel for the respondent while reiterating the contents made in the counter affidavit, submits that, the 9. th petitioner was redeployed in the month of November, 2020 and the 5 respondent college is functioning smooth and Mrs.V.J.J.Vasanth Vani was appointed as Junior Lecturer in Commerce on 22.11.2020, after the petitioner was deployed from the respondent college to Government Junior College, Gopalapuram. Hence, the question of closer of CEC group after transfer of the petitioner from the 5‘^ respondent college does not arise. Therefore, learned counsel prays to dismiss the writ petition. 8 * 10. Perused the record. On a perusal of the material on record, this Court observed that, the Government vjde G.O.Rt.No.890, Education (SE.II) Department, dated 02.08.1996 with the following directions: 11. Therefore, Government have examined the proposal of the adjustment of the surplus lecturers and junior lecturers In private degree/junior colleges in detail with a view to utilize Government hereby approve the Government guidelines for their adjustment. The surplus posts which were identified in aided colleges shall be transferred to needy colleges in the same zone, along with personnel. If any. If there are no needy aided college In the same zone, the surplus lecturers shall be adjusted In the aided colleges in other zones. ” “2. I. II. Having regard to the facts and circumstances of the case and on 12. considering the submissions of both the learned counsels, it appears that. when the respondent authorities re-adjusted the work in terms of G.O.Ms.No.890, Education (CE.II) Department, dated 16.11.2002 redeploying the petitioner along with three others to other colleges, except the petitioner, the other three persons were joined in the Government Junior colleges allotted to them. Further, one Mrs.V.J.J.Vasanth Vani was appointed as Junior Lecturer in Commerce on 22.11.2020, after the petitioner had been re-deployed from the respondent college to Government Junior College Gopalapuram. rr' 9 <1 In view of the foregoing discussion, this Court found no merit in 13. the instant writ petition. However, the petitioner is at liberty to submit a representation before the respondent authorities for consideration of his case for employment. On such representation, the respondent authorities are directed to consider the same and pass appropriate orders, in accordance with law. With the above observations, the Writ Petition is disposed of. No 14. costs. As a sequel, miscellaneous applications pending, if any, shall 15. stand closed. Sd/- M. SRINIVAS assistant registrar //TRUE COPY// OFFICER SECTI To, 1 The Principal Secretary, Department of School Education, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Special Commissioner, Board of Intermediate Education, State of Andhra Pradesh, Vijayawada, Krishna District. 3. The Regional Joint Director, Board of Intermediate Education, Arts College Campus, Rajahmundry, East Godavari District. 4. The District Vocational Education Officer, Arts College Campus, Rajahmundry, East Godavari District. 5. The Correspondent, CBN (Canadian Baptist Mission), Junior College for Women, Kakinada, East Godavari District. 6. One CC to Sri K. Rama Koteswara Rao, Advocate [OPUC] 7. One CC to Sri I. Suryanarayana, Advocate [OPUC] 8. Two CCs to GP for Education, High Court of Andhra Pradesh. (OUT) 9. Three C.D. Copies. Cnr HIGH COURT DATED:24/01/2025 ORDER WP.No.2984 of 2021 I 0 6 FEB 2025 . Current becuon DISPOSING THE W.P. WITHOUT COSTS